ANTI-DISCRIMINATION BOARD OF NSW
ANNUAL REPORT 2008-09
26 October 2009
The Hon. J. Hatzistergos, MLC
Attorney General
Level 33, Governor Macquarie Tower
1 Farrer Place
SYDNEY NSW 2000
Dear Minister,
In accordance with section 122 of the Anti-Discrimination Act 1977 (NSW), the Anti-Discrimination Board of NSW presents its Annual Report covering the period 1 July 2008 to 30 June 2009.
Yours sincerely
Stepan Kerkyasharian AM
President
© 2009 State of New South Wales
You may copy, distribute, display, download and otherwise freely deal with this work for personal, educational or government purposes, provided that you attribute the Anti-Discrimination Board of NSW as the owner. However, you must obtain permission if you wish to (a) charge others for access to the work (other than at cost), (b) include the work in advertising or a product for sale, or (c) modify the work.
ISBN 978-0-9750693-5-6
Printed October 2009
CONTENTS
President’s report
Review of operations
About the Anti-Discrimination Board
Ethnic Affairs Priority Statement Report
Statutory Board members
Anti-discrimination law in NSW
Enquiry service
Conciliation service
Education service
Consultations
Aboriginal and Torres Strait Islander service
Newcastle office
Wollongong office
Legal Officer
Exemptions granted 2008-09
Liaison and support
Financial statement
Structure of the Board 38
PRESIDENT’S REPORT
The Anti-Discrimination Board of NSW has continued its good work in 2008-09, in a climate of financial constraint.
The first step for many people experiencing discrimination is to phone our Enquiry Service, and they are often given information which enables them to solve their problem without making a formal complaint.
The number of enquiries we receive each year remains in the thousands, although they have gradually decreased over the last five years. This reflects the increasing use of the internet as an information source, and the importance of maintaining a comprehensive, up-to-date and easily navigable website.
In keeping with past trends, we again received slightly more formal complaints in 2008-09 than in previous years, with a similar composition. Disability continues to be the most frequent ground of complaint, and they are increasing as a proportion of total complaints. This may reflect the ongoing problems that people with disabilities face in participating fully in the community, and the complexity of the issues involved.
The conciliation team continues to achieve excellent results, with an average time of 5.8 months to finalise complaints, and 91% finalised within twelve months.
The new database for complaint handling, which was introduced in early 2008, became fully operative in 2008-09. It provides an improved capacity to record, manage and monitor complaints, which enhances our ability to provide statistics as required.
The Board’s Education Service also continued its successful work in 2008-09, with a stable team of experienced trainers who are well respected for their interactive presentations. However, bookings dropped back as the global financial crisis took hold in late 2008, and this impacted on the overall income of the self-funding education program.
The program met its costs for the year, as some training positions were held vacant for part of the year to cover the reduced demand. However, as a result of the economic situation the program was not able to meet the revenue target set by the Attorney General’s Department. Early indications are that demand is picking up again in late 2009.
Community education is a vital aspect of the Board’s work, as it can empower people who are experiencing discrimination but may not be aware of their rights, such as recent migrants. Among a variety of community-based initiatives, this year our Community Education Officer liaised with the Attorney General’s Department’s Sudanese Community Liaison Officer to provide information to the Sudanese community.
The Education Branch also ran a writing and creative arts competition on the theme of “Diversity makes the difference”, producing worksheets for teachers to discuss the subject with their students. Despite a minimal publicity budget, we received some exciting entries in a wide range of media including poems, essays, stories, posters, a flip book, PowerPoint presentations and a rap video!
Following last year’s amendments to the Anti-Discrimination Act 1977 (NSW) (ADA) to specifically cover breastfeeding discrimination, the legislation was further amended in 2008-09 to increase the maximum amount of compensation under the Act to $100,000, broaden the definition of marital status discrimination to cover same-sex relationships, and transfer the power to grant s 126 exemptions from the ADA from the Attorney General to the President of the Anti-Discrimination Board.
Our publications staff have produced new material on breastfeeding discrimination, and are updating existing publications to reflect the various changes. The team also updated and redesigned a number of older publications, as well as constantly updating the Board’s website and improving it with new information, graphics and links.
Our Aboriginal and Torres Strait Islander team also continued its excellent work in 2008-09. As previously, the team worked with other agencies to provide joint information sessions for Aboriginal and Torres Strait Islander community workers and leaders, provided training for real estate agents and attended a number of fairs and information days.
A number of discrimination issues arose during the year, such as race discrimination in recruitment and the advent of swine flu. The Board has issued press releases to address these matters, highlighting the potential for discrimination and clarifying how NSW law applies in these situations.
My thanks to all the Board’s staff, including our Legal Officers and Liaison and Support team, and to the members of our advisory committees. Thanks also to the Statutory Board for their advice during the year, and in particular to Phillipa McDermott, Cameron Murphy and Suzanne Jamieson, whose terms ended in 2008-09. And particular thanks also to Director General Laurie Glanfield and the senior management of the Attorney General’s Department for their support.
Stepan Kerkyasharian AM
President
SUCCESSFUL CONCILIATION - Carers’ responsibilities discrimination
A man was the primary carer for his wife, who had severe epilepsy and regularly had seizures. This meant that he often needed to leave work urgently to go home and look after her.
Following medical advice that he needed to work close to home, his employer transferred him to a location ten minutes from his home. However, after more than two years of this arrangement, he was transferred to a new location much further away. It now took him 45–60 minutes to get home, and he made a complaint of carers responsibilities and disability by association.
His employer claimed it could not create vacancies or positions where no work existed, and that the man had failed to apply for permanent positions when they arose. He said that the employer had failed to advertise any permanent positions and insisted that he would have applied if any had been made known to him.
The complaint was resolved through conciliation when the employer offered to transfer the complainant back to the closer work location, until a permanent transfer could be arranged. A permanent transfer was subsequently arranged.
REVIEW OF OPERATIONS
Enquiry and conciliation service
Objectives
· Inform potential complainants and respondents about their rights and responsibilities under anti-discrimination law.
· Resolve complaints of discrimination, vilification and harassment.
· Improve complaint-handling processes to increase efficiency and timeliness.
Outcomes
· Responded to 6,904 enquiries.
· Dealt with all enquiries immediately or within 24 hours.
· Dealt with 92% of enquiries in 14 minutes or less, an improvement on last year (85%).
· Received 1,323 new complaints (15.6% increase from 2007-08).
· Finalised 1,231 complaints (14.7% increase from 2007-08).
· Finalised 91% of complaints within 12 months of receipt, exceeding the 85% target for this timeframe.
Future directions
· Continue to provide an accurate and efficient information service, and an effective complaint handling service.
· In conjunction with other branches of the Board, increase awareness about the right to make complaints under the Anti-Discrimination Act.
· Further increase the number of complaints resolved within timeframe targets.
· Further implement and refine procedural changes to increase efficiency.
Education service
Objectives
· Educate employers, employees and service providers about their rights and responsibilities under anti-discrimination law.
· Educate the community of NSW about their rights under anti-discrimination law, and the role of the Anti-Discrimination Board.
· Develop quality information materials and website
· Develop networks with employer and community groups.
Outcomes
· Delivered 464 on-site training sessions for employers and service providers and ran 21 employer seminars throughout the year, reaching a total of 7,274 participants and earning $596,834.
· Ran a writing and creative arts competition for public primary and secondary schools.
· Networked with other services and government agencies and gave presentations to target groups including the Sudanese community, the Arabic community, the Sierra Leone community, young people from the Links to Learning program, and university, TAFE and high school students.
· Participated in community festivals and expos such as open court day for the Sudanese Community, the Sydney City Council Barbecue Day and World Aids Day.
· Continued to update publications, producing one new factsheet and revised and re-designed editions of one guideline and three factsheets.
· Continued production of email newsletter (three issues), seminar calendars (two issues) and annual report.
· Continued sale of publications and developed new publications order form.
· Continued to revise and update website, including revision of structure, text and links to improve user interface and creation of new graphics.
Future directions
· Continue to provide in-house training sessions and seminar programs for employers and service providers.
· Develop new markets for Board products and services, and new and improved training packages.
· Identify community groups at particular risk of discrimination and develop appropriate education campaigns.
· Continue to run community training, participate in community events and develop community networks.
· Continue to review and update publications, produce new posters, and where possible produce new products and publications to address identified needs.
· Continue to develop website as essential communication medium.
· Continue to develop contacts with employer and industry networks.
Legal Officer
Objectives
· Ensure that the Anti-Discrimination Act is correctly understood by all stakeholders.
· Provide legal advice to the President, Statutory Board, Board staff and the Attorney General.
· Deal with other legal matters including applications for exemption from the Anti-Discrimination Act, Alcohol Free Zones, and subpoenas.
Outcomes
· Advised President on issues arising during the year.
· Advised Enquiries and Conciliation Branch in relation to enquiries and complaints.
· Advised Education Services Branch on review and update of publications and website.
· Prepared summaries of discrimination cases for Board staff.
· Answered queries and advised the Statutory Board on exemptions from the Anti-Discrimination Act.
Future directions
· Continue to provide legal advice and support.
· Continue to process exemptions and deal with other legal matters.
Aboriginal and Torres Strait Islander Service
Objectives
· Provide a culturally appropriate enquiry and complaint handling service for Aboriginal and Torres Strait Islander people.
· Educate Aboriginal and Torres Strait Islander people about their rights and responsibilities under anti-discrimination law.
· Provide advice on the impact of government policy and legislation on Aboriginal and Torres Strait Islander people.
Outcomes
· 67 complaints lodged by Aboriginal and Torres Strait Islander people.
· Ran information stalls at 33 events in Sydney and rural NSW.
· Presented in-house information sessions to three organisations.
· Participated in 11 education forums for Aboriginal and Torres Strait Islander community workers and other community members, run jointly with other agencies.
· Participated in nine education sessions for real estate agents and landlords, with the NSW Office of Fair Trading.
· Liaised with government and community organisations at interagency meetings in Sydney.
Future directions
· Continue to advise the Aboriginal and Torres Strait Islander communities about their rights and responsibilities under anti-discrimination law.
· Monitor issues with the assistance of the Board’s Aboriginal and Torres Strait Islander Advisory Committee.
· Continue to work in partnership with other government and non-government agencies.
· Continue to develop contacts and networks in Sydney and rural NSW.
· Continue to monitor policy issues.
Liaison and support
Objective
· Enable the Board’s core business of complaint handling and education services to operate with maximum efficiency.
Outcomes
· Provided support services including finance, human resources, information technology, asset management and administration.
· Liaised with business centres in Attorney General’s Department to coordinate support services provided to the Board by the Department.
· Further enhanced workplace information management system for support services.
Future Directions
· Continue to review and improve internal procedures and workplace information management systems
· Continue to liaise with Attorney General’s Department regarding corporate services reform and implement appropriate changes.
· Continue to refine in-house database, and to add additional modules to assist other branches of the Board with information management requirements.
Regional offices
Objectives
· Enquiry service: Inform potential stakeholders in the region about their rights and responsibilities under anti-discrimination law.
· Complaint handling service: resolve complaints of discrimination, vilification and harassment lodged with the office.
· Education service: educate employers, employees and service providers about their rights and responsibilities under anti-discrimination law and the role of the Anti-Discrimination Board.
Outcomes – Newcastle
· Received 208 new complaints (compared to 206 in 2007-08).
· Finalised 184 complaints (compared to 212 in 2007-08).
· Increased number of settled complaints (81 compared to 58 in 2007-08).
· Finalised 55% of complaints within 6 months and 92% within 12 months.
· Provided 60 on-site training sessions to 11 organisations, reaching approximately 1,000 participants.
Outcomes – Wollongong
· Received 232 new complaints (compared to 178 in 2007-08).
· Finalised 219 complaints (compared to 180 in 2007-08).
· Finalised 74% of complaints within 6 months and 94% within 12 months.
· Provided 42 on-site training sessions to 11 organisations, reaching approximately 500 participants.
· Achieved 99% satisfaction rate with training sessions.
Future directions
· Continue to develop networks with local agencies.
· Continue to provide an accurate and efficient information service.
· Maintain and improve current level of complaints throughput.
· Continue staff development and team building to ensure objectives are met.
· Target new markets for education services
SUCCESSFUL CONCILIATION - Age and disability discrimination
A woman who worked as a cleaner had her work schedule re-arranged to accommodate a co-worker’s injury. The new schedule included tasks which she felt she couldn’t carry out because of her own medical conditions.